Legal Opinion
DiMaggio v. Roslyn Savings Bank
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 2000Published
1Opinion of the Court
In an action to recover the proceeds of a life insurance policy, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Dunn, J.), dated August 19, 1999, which denied his motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint and on its counterclaim for rescission of the policy.
Ordered that the order is affirmed, with costs.
On May 1, 1989, the defendant’s predecessor in interest issued a life-insurance policy on the life of the plaintiffs wife, Loretta DiMaggio, which contained a two-year contestability clause. The…
2Cases cited5 opinions
- Teeter v. . United Life Ins. Assn.New York Court of Appeals · 1899
- Kroski v. Long Island Savings Bank FSBAppellate Division of the Supreme Court of the State of New York · 1999
- Estate of Threatt v. American Centurion Life Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Kear v. Prudential InsuranceNew York Court of Appeals · 1957
- Kear v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1956